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This Week's Question

October 18, 2004

By Nena Groskind

 

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Q:  We purchased a house recently and have just discovered that we have a termite problem. How common is this? I had never heard much about it before, but when I mention our experience, I’m amazed at the number of people who say they’ve had the same problem.

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A:   I’m not sure where termites rate as a topic of conversation at cocktail parties and cookouts, but on the list of homeowners’ headaches, it ranks very high indeed. According to Bill Sutton, president of Bay Colony Home Inspections, between 20 percent and 25 percent of the homes sold in most areas of New England (Northeastern Maine is an exception) have termites or have or have had them in the past. That’s about one in every four or five homes, so the problem is hardly unknown, which is why buyers should include a pest inspection, in addition to a structural inspection, among the “contingencies” in the purchase and sale agreement. (The contingency clauses are the provisions that allow the buyer to withdraw from the deal or renegotiate the terms if specified conditions aren’t met.)

Bear in mind, a structural inspection will identify damage caused by termites, but it won’t detect current termite activity that needs to be treated. Some lenders insist on a pest inspection as a condition for approving a home mortgage; your experience illustrates why, whether it’s required or not, a pest inspection is a good idea.

This may be a little late to help you, but other buyers should be aware that termites are not the only insects capable of, in effect, eating the structural components of your house – carpenter ants and powder post beetles, among others, also can do considerable damage. So if you are hiring a pest inspection company, you want to be sure it will target not just termites but all “wood-destroying organisms,” Sutton advises. Some of the home-buying guides suggest that you don’t need a pest inspection for newly constructed home because termites haven’t had time to nest, and that’s accurate. But new homes could have carpenter ants, Sutton points out, so even on a new home, skipping the pest inspection isn’t a good idea.

Sometimes termite damage is easy to spot, but not always. Sutton says he once examined a ranch house with a finished basement, finding no hint (sagging floors, uneven doors, etc.) of structural damage in his upstairs inspection. Downstairs, he found treatment holes in the slab, consistent with the owner’s report that the house had been treated previously for termites. But he also found termite holes that “you literally could put your hands through. Termites had eaten 80 percent of all the structural components.”

Termite problems are particularly difficult to spot in a finished basement, Sutton says, but the risks are even higher in houses with a slab foundation, because termites can enter the structure through the smallest shrinkage cracks in the concrete. Sutton says about 80 percent of the slab homes he’s inspected have shown signs of termite damage and in 70 percent of those, the termites have been treated and returned.

Unfortunately, the homes in which the termite risks are greatest also are the homes in which the problem is most difficult to spot. Absent evidence of termite damage, Sutton says, the only way to determine with certainty whether a slab home, or a home with a finished basement has termite activity, is to open up the area around the perimeter of the house – an expensive undertaking that most sellers won’t particularly welcome as part of the pre-sale negotiations.

Some pest inspection companies use specially trained Beagle dogs to sniff out termites in these hard-to-inspect dwellings. You can’t expect any Beagle to do that work, however; if you find a company offering this service (and there don’t appear to be any in Massachusetts), insist on seeing a certificate documenting that the dog actually has undergone the required training.

Where there is some basis for suspecting termite activity, Sutton says, buyers should insist on a more expansive (and more intrusive) examination; if the seller balks, buyers should seriously consider walking away from the deal. If you purchase anyway, be aware that you’re accepting the risk that you will be dealing with a termite problem, and possibly with extensive termite damage, at some point in the future.

The good news about termites is they usually can be eliminated fairly easily and without a huge expense. The bad news is, the damage termites cause can be catastrophic—think in terms of thousands, many thousands, not hundreds of dollars. If you find termites in a house, obviously, you’ll want the owner to deal with the problem, but even more importantly, you will want the seller either to pay for the structural repairs or to adjust the price to reflect the expense you are going to incur if you purchase the property.

Even if the damage is relatively minor and poses no structural concerns, you probably will want to repair it, simply because evidence of a termite problem (even if the problem has been corrected) may discourage prospective buyers should you decide to sell in the future.
 

Marcus, Errico, Emmer & Brooks, P.C.
45 Braintree Office Park, Braintree, MA  02184
Telephone: (781) 843-5000    Fax:  (781) 843-1529
E-mail:  law@meeb.com  Web Site:  www.meeb.com
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